DIE Veneris, videlicet, 25 die Martii.
PRAYERS.
The Lord Keeper was appointed Speaker
this Day.
Bill against Innovations in the Church.
Hodie 1a
vice lecta est Billa, An Act for the Suppression of divers Innovations in Churches and Chapels, in
and about the Worship of God, and for the due observing of the Lord's-day, and the better Advancement
of the Preaching of God's Holy Word, in all Parts of
this Kingdom.
Lady Hastings and Mr. Poulton.
The Lord Keeper reported, "That, according to
their Lordships Order, he hath endeavoured to mediate and compose an End and Agreement, in the
Cause between the Lady Hastings and Mr. Poulton,
but cannot effect it; therefore refers the said Cause
back to their Lordships, to do therein as they shall
think fittest."
Hereupon it is Ordered, That the Cause between
the Lady Hastings and Mr. Poulton shall be heard here at
this Bar, on Thursday next, being the 31st of this Instant March; at which Time the Parties on both Sides,
with their Witnesses, are to attend the said Hearing accordingly.
Order for George Benyon to make his Defence.
Ordered, That George Benyon, now a Prisoner in
The Tower, shall be brought before the Lords in Parliament on Saturday, the 26th of March 1642, at Nine a
Clock in the Morning, to make his Defence, in a Cause
of the Lord St. Johns and others against him the said
George Benyon, to be heard in this House.
Directed, "To the Gentleman-usher, to be delivered to the Lieutenant of The Tower."
Sir John Pennington and Captain Wake attend.
The Lord Admiral signified to this House, "That
Sir John Pennington and Captain Wake are come to attend their Lordships Pleasure, according to an Order
of this House."
A Message was sent to the House of Commons, by
Sir Edward Leech and Doctor Bennett:
To let the House of Commons know, that Sir John
Pennington and Captain Wake are come, being sent for
upon their Desire; and likewise to give them to understand, that the Bill for raising of Four Hundred Thousand Pounds is annexed to the Commission.
A Message was brought from the House of Commons,
by Sir William Brewerton, Knight:
Message from the H. C. with the Names of some Lords Lieutenants of Counties.
"To let their Lordships know, that the House of
Commons have nominated and chosen the Earl of Bedford to be Lord Lieutenant of the County of Somersett; and the Lord Viscount Say & Seale to be Lord
Lieutenant of the County of Chester, and the County
and City of Chester; whereof they desire their Lordships Concurrence.
Lords Lieutenants who have not given in the Names of their Deputies.
"2. They think fit to let their Lordships know, that
the Earl of Cumberland hath not delivered in the
Names of Deputy Lieutenants for the County of
Westmerland; nor the Earl of Lyncolne for the Division
of Kestaven, in the County of Lyncolne.
And about the Form of the Deputations.
"3. The House of Commons desire their Lordships to
take into Consideration the Forms of Deputations to
be given to Deputy Lieutenants, according to the
Ordinance of both Houses, for settling the Militia,
and send them down to the House of Commons."
Lords nominated to be Lieutenants of Counties.
Ordered, That this House agrees with the House
of Commons, in the Nomination of the Earl of Bedford
to be Lord Lieutenant for the County of Som'sett; and
the Lord Viscount Say & Seale to be Lord Lieutenant of
the County of Chester, and County and City of Chester.
The Answer returned to the Messengers was:
Answer to the H. C.
That this House approves of the Earl of Bedford to
be Lieutenant for the County of Som'sett; and the Lord
Viscount Say & Seale to be Lord Lieutenant of the
County of Chester, and of the County and City of
Chester.
2. Concerning the Earl of Cumberland, that their
Lordships have already sent to know his Answer, whether he will accept of the Nomination of both Houses
to be Lord Lieutenant for the County of Westm; and, as
soon as his Lordship's Answer is returned, the House of
Commons shall know it.
Concerning the Earl of Lyncolne, he returns this Answer, "That he would be very willing to obey the Commands of both Houses, if the County of Lyncolne had
been wholly committed to him; but, in regard it is
divided, and but a Piece committed to him, he desires
to be excused."
3. Touching the Form of Deputy Lieutenants, this
House will take it into Consideration speedily.
A Message was sent to the House of Commons, by
Sir Edward Leech and Doctor Bennett:
Message to the H. C. concerning the Commission for passing the Royal Assent to the Bill for Four Hundred Thousand Pounds, being annexed to it, which is not usual.
To let them know, that this House hath received a Commission, under the Great Seal, for the giving the Royal
Assent to the Bill for raising of Four Hundred Thousand
Pounds; but the said Bill being annexed to the Commission, which is not the ordinary Way with Bills of this
Nature, their Lordships thought it fit to acquaint them
with it, and that it hath been passed both Ways, as
appears by a Precedent in 18° Jacobi, when the Bill of
Subsidies was passed in this Form; and further to signify
to the House of Commons, that, if the said Bill do not
pass thus, it must be sent back to the King, to have the
Commission new made and sealed, which will much retard the Business.
Lord Darcy versus Savill.
It is this (fn. *) Day Ordered, by the Lords in Parliament, That the Cause of the Right Honourable the
Lord Darcy and Conyers, against Thomas and John Savile, shall be heard here at the Bar, the First Wednesday
after Easter Week next, being the 20th Day of April
1642; and that the Examinations of William Phillips,
John Keelinge, and Richard Wainwright, being formerly
taken in this Cause in Chancery, shall be published, and
made so far Use of it at the said Hearing as this House
shall think fit; but, in Case there cannot be Publication
had, according to the ordinary Rules of that Court, of
the said Depositions before that Time, that then the
same shall be read at the Hearing in this House; and
to that End the Examiner and Clerk in Chancery shall
attend the Lords in Parliament, with the Commission
returned, and the Examinations taken in Court at the
said Hearing in Parliament. And hereof they or either
of them are not to fail.
Fresh field's Cause.
Ordered, That the Cause of Richard Freshfeild
shall be heard before the Lords Committees for Petitions, on the Second Thursday in Easter Term next, being
the 5th Day of May 1642, at Two a Clock in the Afternoon, in the Painted Chamber; and that, in regard
of the poor Petitioner's great Charge already in this
Suit, the Depositions formerly taken in this Cause in
Chancery, and other Records, shall be so far made Use
of, at the Hearing before their Lordships, as they in
their Wisdoms shall think fit; and that all Parties and
Witnesses in the said Cause shall attend the Hearing accordingly.
Ld. St. John versus Benyon.
Ordered, That the Cause of the Lord St. Johns,
against George Benyon, being appointed to be heard Tomorrow, shall stand.
E. of Danby versus Sir William St. Ravyes.
This Day, Sir William San. Ravye's Answer to the
Earl of Danbye's Articles against him was brought in;
and this House received it.
Ordered, That the Lord Robartes do make the Report that lies in his Hands To-morrow, if there be Time.
Next, the Lords Committees reported the Draught of
an Ordinance to be given to the Lords Lieutenants, according to the Ordinance of Parliament, and likewise a
Draught of the Deputations to be given to the Deputy
Lieutenants, which were read, as followeth; videlicet,
The Ordinance to the Lords Lieutenants.
"The Lords and Commons in Parliament assembled
have, for the Safety of His Majesty's Person, the
Parliament, and Kingdom, in this Time of imminent
Danger, by Ordinance of the said Lords and Commons, Ordained, That you shall be Lieutenant of the County of, and shall
have Power to assemble and call together all and singular His Majesty's Subjects within the said County
of, as well within Liberties as without,
that are meet and fit for the Wars; and them to train,
exercise, and put in Readiness; and them, after their
Abilities and Faculties, well and sufficiently, from
Time to Time, to cause to be arrayed and weaponed,
and to take the Muster of them in Places most fit for
that Purpose; and likewise to nominate and appoint
such Persons of Quality as to you shall seem meet, to
be your Deputy Lieutenants, to be approved of by
both Houses of Parliament; and that any One or
more of your said Deputy Lieutenants, so nominated,
ordained, appointed, and approved of, shall, in your
Absence, or by your Command, have Power and Authority to do and execute, within the said County of
, all such Powers and Authorities as
are before-mentioned: And the said Lords and Commons have likewise Ordained, That you shall have
Power to make Colonels and Captains, and other
Officers, and to remove them out of their Places,
and to make others from Time to Time, as you
shall think fit for that Purpose; and that you, and
your Deputy or Deputies, in your Absence, or
by your Command, shall have Power to lead, conduct, and employ the Persons aforesaid, arrayed, and
weaponed, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen within the
County of ; and likewise shall have further Power and Authority to lead, conduct, and employ the Persons aforesaid, arrayed and weaponed,
as well within the said County of as within
any other Part of this Realm of England, or Dominion of Wales, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen,
according as you, from Time to Time, shall receive
Directions from the said Lords and Commons in Parliament.
The Deputation of Lords Lieutenants to Deputy Lieutenants.
"Whereas the Lords and Commons in Parliament
assembled have, for the Safety of His Majesty's
Person, the Parliament, and Kingdom, in this Time
of imminent Danger, by an Ordinance of the said
Lords and Commons, Ordained me to be
Lieutenant of the County of, and to
have Power to assemble and call together all and
singular His Majesty's Subjects within the said County of, as well within Liberties as without,
that are meet and fit for the Wars, and them to
train, exercise, and put in Readiness; and them,
after their Abilities and Faculties, well and sufficiently, from Time to Time, to cause to be arrayed
and weaponed, and to take Muster of them in Places
most fit for that Purpose; and likewise to nominate
and appoint such Persons of Quality as to me shall
seem meet, to be my Deputy Lieutenants, to be approved of by both Houses of Parliament; and that
any one or more of my said Deputy Lieutenants, so
nominated, appointed, and approved of, shall, in
my Absence, or by my Command, have Power and
Authority to do and execute, within the said County
of, all such Powers and Authorities as are
before-mentioned: And whereas the said Lords and
Commons have likewise Ordained, That myself, and,
in my Absence, or by my Command, my Deputy or
Deputies, shall have Power to lead, conduct, and
employ the Persons aforesaid, arrayed and weaponed,
together with their several Colonels, Captains, and
Officers, for the Suppression of all Rebellions, Insurrections, and Invasions, that may happen within
the said County of ; and likewise shall have
further Power and Authority to lead, conduct, and
employ the Persons aforesaid, arrayed and weapaned, as well within the said County of,
as within any other Part of this Realm of England,
or Dominion of Wales, for the Suppression of all
Rebellions, Insurrections, and Invasions, that may
happen, according as I from Time to Time shall receive Directions from the Lords and Commons assembled in Parliament: And whereas it hath been Ordered, by the Lords and Commons in Parliament,
That I should deliver in the Names of Persons to be
my Deputy Lieutenants in the said County of,
that so they might be approved of by the Lords and
Commons in Parliament; and whereas thereupon you
(amongst others) have been by me nominated to be
one of my Deputy Lieutenants of the said County
of, and have been approved of by the said
Lords and Commons in Parliament; these are therefore to appoint you (by virtue of the said Ordinance)
to do and execute all such Powers and Authorities as
are before-mentioned, according to the Tenor, Intent, and Purport thereof."
Ordered, That this House approves of the aforesaid Forms; and that they be sent to the House of Commons, to receive their Approbation.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Sabbati, videlicet, 26m diem instantis Martii, 1642, hora 9a
Aurora, Dominis sic decernentibus.